This is a common scenario. You got into a heated argument with your partner, and they claim you punched them when they spoke to the police. The next thing you know, your partner is telling them it was not that serious, and you are being arrested anyway. Then, you are charged with domestic violence. You are seriously in shock. But, keep your head up and call a domestic violence lawyer.

You Can Explain

The police may make you think they understand. Do not think that just explaining the issue will get everything thrown away. It does not work that way. It does not matter that your partner doesn’t want to press charges, and it doesn’t matter that you have lived together in peace for years. It is the state of New York that is pressing charges against you, not your partner.

Your Word Against Theirs

Your attorney knows that the prosecution most likely will not proceed without a signed affidavit from your partner. If they refuse to provide that, there is a good chance your attorney can get the case thrown out of court. Other times, your partner is told that it is just a formality and they get them to sign the paper unknowingly. It takes a skilled attorney to untangle that.

If there is evidence against you or your partner is proceeding with the case, it comes down to what proof is available. Therefore, it is critical that you hire an attorney immediately. If your attorney can show that you sustained injury from them, they can show that you were defending yourself. Photographs of scratched faces, arms, and backs help. They can speak to any witnesses in the area. Perhaps the neighbor heard what was happening. What they are going to say is much-needed information.

If you are falsely accused, you need an aggressive attorney to fight for your rights. The system in domestic violence and abuse will always lean toward the possibility of guilt. They do not want an abuser or violent offender to slide through the system.


If it is possible to come away from this in a peaceful way, your attorney will walk you through that. It could mean anger management classes, or it may mean probation and fines. It is guaranteed that a skilled attorney will be able to get you the lowest possible penalty.

Perhaps it was a single incident, and the legal system pushed the case to the next level. Marriage counseling may be needed. Your attorney will work within the legal guidelines to get you the best outcome. The state of New York is not someone you want to take on without an experienced domestic violence attorney behind you.


The penalties for the crime of domestic violence can be frightening and confusing. Much like the charges, there are a lot of things that the court will consider. They will look at your history and the seriousness of the injuries. They will consider your partner’s willingness or unwillingness to testify. The penalty can be as minor as probation, or it can be as serious as several years in prison.